29 June,2026 10:10 AM IST | Mumbai | Anushree Gaikwad
In India, a death sentence goes through multiple layers of legal scrutiny before it can be carried out. Representational Pic
A special fast-track court in Pune on Monday sentenced 65-year-old Bhimrao Kamble to death in the Nasrapur rape and murder case, marking the conclusion of a 55-day trial under the Protection of Children from Sexual Offences (POCSO) Act.
The case involves the brutal rape and murder of a three-and-a-half-year-old girl in Pune district's Bhor tehsil.
The trial is among the fastest-concluded in Maharashtra in recent years, driven by a swift investigation, a 1,200-page charge sheet and daily in-camera hearings before Special Judge SR Salunkhe.
In India, a death sentence undergoes multiple layers of judicial and constitutional scrutiny before it can be carried out.
Counsel Gauraj Shah explained that a death sentence awarded by a trial court is not final and cannot be executed immediately. Under Section 407 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, every death sentence is mandatorily referred to the high court for confirmation. Alongside this automatic reference, the convict also has the legal right to challenge the verdict by filing an appeal, he added.
According to Shah, the high court independently re-examines the entire case before deciding whether the sentence should stand. Under Sections 409 and 410 of the BNSS, 2023, the court reviews the evidence, hears both the prosecution and the defence, and has the authority to confirm, modify, commute or even set aside the death sentence.
If the high court confirms the death sentence, the convict can approach the Supreme Court through an appeal or a Special Leave Petition (SLP).
Although the Nasrapur rape and murder case reached the sentencing stage within two months through a fast-track trial, Shah noted that the legal process following a death sentence often stretches over several years. There is no fixed timeline, as mandatory high court confirmation, appeals before the Supreme Court, review and curative petitions, and mercy petitions under Articles 72 and 161 of the Constitution can considerably extend the process. While priority listing may expedite hearings, each of these stages must be completed before the sentence can be carried out.
If the Supreme Court also confirms the sentence, the convict may file a review petition, followed by a curative petition in rare cases.
After all judicial remedies are exhausted, the final constitutional remedy is a mercy petition before the President of India under Article 72 of the Constitution.
There is no fixed timeline for the completion of death penalty proceedings in India. The duration varies depending on the complexity of the case, the number of appeals filed and judicial backlog.
In some cases, the process may conclude within a few years, while in others it can extend over a decade or more. For instance, the convicts in the 2012 Delhi gang rape and murder case were executed in 2020, nearly eight years after the crime.
Capital punishment cases are deliberately subjected to multiple layers of judicial and executive review to ensure that the "rarest of rare" doctrine is applied strictly and the possibility of judicial error is minimised.
Capital punishment in India is reserved for the "rarest of rare" cases. Execution is carried out by hanging, as provided under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
Since 1973, life imprisonment has been the norm, with the death penalty reserved only for exceptionally heinous crimes where courts find no possibility of reform.
Hundreds of prisoners currently remain on death row in India, with executions carried out only after all judicial and constitutional remedies have been exhausted.
